***RBS PPI Claim Long fight but, WON***

[banker_rhymes_with]

Hello aa!

 

How's it hanging, Dude?

 

...our office is currently dealing with large volumes of work...

 

I bet they are! UK plc is busy going to hell on a handcart, and the bankers just don't know who to Default next...all the Columns on their Bleed-Em-Dry Financial Screens have suddenly all started to go Red and some have even started blinking as well!

 

At least you have heard from the Information Commissioners Office. I have at least two Complaints with them. Well, I think it's two, maybe it's one, as I keep getting Information Commissioners Office and FOS muddled up! Could be one each! No replies to either, so far.

 

You may like this...one of my latest CCA Requests was Refused Delivery at the bank's Registered Address! Can't say which one yet, as a stiff complaint has been lodged with FOS...or was it the Information Commissioners Office? One of them, anyway.

 

A bit naughty that, but I may've given the game away as CCA was written on the package. One look at that, and they turned it away so fast anyone would think it was a ticking Parcel Bomb.

 

Hope your little battles are going OK?

 

I have one Loan with PPI that I may have a pop at, as it's nipped off and closed, as it rolled into another one. Might be an idea to shove a stick into that particular Hornets Nest and waggle it about a bit. All I want from that would be the PPI and, if I get that, it could set the stage for getting the others back. But I'm holding that back, because if the later Loan turns nasty, then I can roll on with a Refund Claim for a double helping of PPI on the two related Loans, and stir in a few Charges as well...that they have helpfully been adding these last couple of Months (whilst in Dispute).

 

I'll have a little think about that, and will keep you posted. If I do, I'll Post any additional useful PPI detals here on your Thread.

 

Keep your chin up, you will get there in the end. There, that's a Bump and a Hijack all rolled into one! You can have your Thread back now!

 

Cheers,

BRW

[alanalana]

Thank you for the response BRW,

 

You may like this...one of my latest CCA Requests was Refused Delivery at the bank's Registered Address! Can't say which one yet, as a stiff complaint has been lodged with FOS...or was it the Information Commissioners Office? One of them, anyway.

 

Now there is a surprise! I have so far had two recorded delivery letters go missing (compensation two books of first class stamps) and I am about to lodge a third complaint for non delivery of a letter the the British Bankers Association the letter was in my post 67. (followed by a comprehensive letter of complaint to Royal Mail about a totally shoddy service).

 

It's a slow haul but I am trying to follow all the processes to ensure nothing is overlooked.

 

This was the response by the FSA...

Letter received dated 12 May 2008

Thank you for your letter dated 1 May 2008.

Your enquiry

You have contacted the Financial Services Authority (FSA) in relation to an ongoing

complaint you have with The Royal Bank of Scotland. In your correspondence it appears that

your current complaint is in relation to your request for information from the Bank. This is in relation to your consumer loans you have taken with them. I have assumed that this information may potentially lead to further complaints regarding the loans themselves.

Our response

The FSA cannot intervene in or investigate complaints against the firms we regulate on

behalf of the public; this is the role of a separate and independent body, the Financial

Ombudsman Service (the Ombudsman).

As you wish to make a complaint about The Royal Bank of Scotland, you should:

• first complain to the firm to give them an opportunity to investigate your complaint

and, if appropriate, put things right; and (Already done remember this is just for failing to provide me with the information requested in the S.A.R - (Subject Access Request).)

• ask the Ombudsman to consider your complaint if the firm does not give you a

satisfactory response within eight weeks. (Already done as S.A.R - (Subject Access Request) sent 7 Jan and not complied with fully. FOS have acknowledged my complaint about non compliance with S.A.R - (Subject Access Request) I await detailed response when they have investigated).

The enclosed FSA guide 'Just the facts about making a complaint' provides further

information on the complaints procedure, including contact details for the Ombudsman.

Additional information

As already indicated I am of the opinion that this may lead to a further complaint regarding loans. I have therefore provided the following information regarding this aspect of your enquiry.

The Financial Services Authority

25 The North Colonnade Canary Wharf London E14 5HS United Kingdom

Telephone +44 (0)20 7066 1000 Fax +44 (0)20 7066 1099

Financial Services Authority

 

Any prompts as to whether I now submit my claim for refund of PPI to the bank as it seems they are not providing the information. I have details on three loans including the CCAs Single premiums etc or do I hold out for the ICO and FOS responses?

 

Regards to all

aa

Edited May 23, 2008 by alanalana
text added

[alanalana]

BRW and all,

 

The response from the FOS (Ombudsman) was as follows:

 

Letter response received 7 May 2008

Acknowledgement

Thank you for your correspondence, which has been received safely.

 

We are currently receiving very high volumes of enquiries and we will provide you with a full response as soon as we can.

If you need to contact us in the meantime, please quote reference number XXXXXXXXXXX

I await the full response It would be nice to see comprehensive action by them.

aa

[banker_rhymes_with]

Hello aa!

 

...ask the Ombudsman to consider your complaint if the firm does not give you a satisfactory response within eight weeks...

 

The above quote from the FSA is worth highlighting I think, as I was wondering about when, exactly, I could be certain to have exhausted the banker's own Internal Complaints Procedure and be sure any Complaint to the Financial Ombundsman Service (FOS) could then go ahead.

 

For the benefit of others, this is a good point to lock into. FSA can only handle certain Complaints, and FOS won't want to look at any others unless this Key Timescale of eight weeks has been exhausted.

 

I think the Start of most Complaints can be regarded as the Date that, say, a s77-79 CCA Request is Delivered. That may explain why many bankers send back a bog standard Letter saying how they will deal with your Complaint by X Date.

 

Many people on CAG, myself included, tend to say: "Hold on, I don't know why they said that, as I did not make a Complaint, as such, all I did was submit a s77-79 Request".

 

But the bankers ARE aware that such a Request IS regarded as a Complaint, so if they have any sense, they know the eight weeks have Started. Looking back, I can see now that Dates they have given me when they say they will respond (but most never do respond by then), were indeed bang on eight weeks after my s77-79 Request.

 

The whole point of my mentioning this, is that before anyone can complain to FOS, people need to be aware that FOS requires that the banker's own Complaints Procedure has been followed through before they can get involved (unless it's an acute issue, like grabbing Mortgage Money from your Account or Refusal to Accept Legal Letters at their Registered Company Address etc).

 

Given how bankers like to drag some things out, they could avoid dealing with a Complaint for ever without it ever being dealt with. So, it is good to know that the issue does have a Defined Maximum Timescale, and that Timescale is eight weeks.

 

When the bankers keep sending later and later Letters, with later and later Dates when they will respond, i.e. saying: "Sorry for the delay, this matter is taking us longer than expected to deal with, but we will now respond by Y Date." What this really means, is they are hoping you will let them drag it out, as they can't be arsed to actually do anything.

 

The good news is, whilst they will try to do this, just ignore them, and wait for the eight weeks to expire. If they have not resolved things to your complete satisfaction, then you can complain to FOS after the eight weeks have expired...and mention the Dates so FOS knows they can't send you back a lukewarm Letter saying please try to discuss this with your bank.

 

Far better to start any Complaint to FOS etc with: "righty-ho FOS, my annoying bank has failed to deal with my Complaint within eight weeks, so now I wish to really Complain, and Complain to YOU."

 

FOS can't then sweep anything under the Carpet, and have to crack on with things. The Step One Box has been Ticked, so they can crack on with what you have to say.

 

Complain to FOS before the eight weeks have expired, and they may well give you a Fob Off Letter, as they will be busy with other Complaints.

 

I hope this makes sense, but I felt it was something people needed to be aware of.

 

It might be a good idea to Start a Thread to outline who handles which Complaints. I may do that, as it's not that clear who you should moan at and when. There's no point having a Toot at one, when they don't deal with that type of Toot!

 

Cheers,

BRW

[alanalana]

Hello BRW,

 

The good news is, whilst they will try to do this, just ignore them, and wait for the eight weeks to expire. If they have not resolved things to your complete satisfaction, then you can complain to FOS after the eight weeks have expired...and mention the Dates so FOS knows they can't send you back a lukewarm Letter saying please try to discuss this with your bank.

 

 

Far better to start any Complaint to FOS etc with: "righty-ho FOS, my annoying bank has failed to deal with my Complaint within eight weeks, so now I wish to really Complain, and Complain to YOU."

 

 

You can complain to the FOS earlier. If the bank has given you a flat refusal to refund PPI stating that they consider this a final response. If you get that response from the bank (at anytime before the eight weeks) then the eight weeks timescale goes out of the window and you can complain straight to the FOS.

 

Any prompts as to whether I now submit my claim for refund of PPI to the bank as it seems they are not providing the information. I have details on three loans including the CCAs Single premiums etc or do I hold out for the Information Commissioners Office and FOS responses?

from my earlier post.

In the light of further extensive possible delays and due to the banks admission of no records (even though I received statement copies) on two of the contested loans. Should I now submit my claim for three missold PPIs and see what the bank comes up with?

Regards

aa

[Bog]

This is interesting as I complained to the FOS about Barclaycard after 4 months of getting nowhere. The FOS, despite 8 weeks having passed, wrote back and said they will only look into it once the I have a final response from Barclaycard! The problem is... Barclaycard refuse to give me a final response, instead keep stating their investigations are ongoing!

[banker_rhymes_with]

Hello aa!

 

You can complain to the FOS earlier. If the bank has given you a flat refusal to refund PPI stating that they consider this a final response. If you get that response from the bank (at anytime before the eight weeks) then the eight weeks timescale goes out of the window and you can complain straight to the FOS.

 

Yes, good point. I had my head up my ass thinking about the ones who were just playing delaying tactics. For them, the eight weeks is then very useful.

 

But I have had some "Final Response" type of Letters so, yes, you can indeed complain to FOS straight away when then happens!

 

Likewise, when you can't even get a Letter Delivered to complain, i.e. because they Refuse Delivery, then a complaint to FOS can go straight off. My last one did just that.

 

However, that eight weeks is worth knowing about, when they just try to fudge the issue and drag it out with Letters saying they will respond by, then will respond by, then will respond by...ad infinitum!

 

In the light of further extensive possible delays and due to the banks admission of no records (even though I received statement copies) on two of the contested loans. Should I now submit my claim for three missold PPIs and see what the bank comes up with?

 

If you think you have all of your PPI Refund Points lined up and ready, maybe go for it, and hit them with all three Barrels at once!

 

Hello bog...

 

This is interesting as I complained to the FOS about Barclaycard after 4 months of getting nowhere. The FOS, despite 8 weeks having passed, wrote back and said they will only look into it once the I have a final response from Barclaycard! The problem is... Barclaycard refuse to give me a final response, instead keep stating their investigations are ongoing!

 

Maybe you need to tell FOS that you have exhausted Barclaycardshark's Complaint Procedure, as they have failed to respond within the eight weeks! Make a fuss about that, and don't let FOS start the same game...or you'll get stuck in a loop!

 

Reading between the lines, I think FOS are busier than ever at the moment. They have their hands full dealing with all the rule breaking twitchy bankers there are at the moment. These bankers are so desperate to prop up their bloated empires, they are throwing their toys out of the Pram faster than ever...as their fat profits dry up, they're getting more and more desperate. OFT Guidelines, CCA-1974 and DPA-1998 Rules are no longer an issue they wish to bother with!

 

It really couldn't happen to a nicer bunch!

 

Cheers,

BRW

[alanalana]

Hello BRW, HHNF and all,

 

My reclaim letter for PPI is nearly ready, Before I post it for comment could someone clarify a point on claiming interest?

 

My claim on three accounts will be for the PPI single figure premium and the interest charged on it, plus the PPI payments made during the period of the loan until refinancing.

 

My question is do I claim the relevant interest on each of the loans namely 7.2%, 8.3% and 7.04% for the full PPI and PPI interest and payments made? or only on the payments made?

 

for example

PPI and PPI Interest £6,109.32

payments made £1,018.22

SubTotal £7,127.54 @7.2% = £513.18

Total claim £7,640.72

 

or

PPI and PPI Interest £6,109.32

payments made £1,018.22 @ 7.2% = £73.31 = £1,093.53

Total claim £7,202.85

 

I just want to make sure I am asking for the correct amount.

 

Thank you in advance for any pointers

 

Regards

 

aa

[banker_rhymes_with]

Hello aa!

 

I regret I don't know.

 

Possibly another way of looking at it, is to calculate the Total, and ask for the usual 8%!

 

i.e. that's higher than 2 out of 3 of your Contractual Rates!

 

I may be shooting off at a Tangent here, but if Courts allow 8%, then maybe just forget the 7.2%-8.3%, and make all 8% for simplicity.

 

Hope this helps rather than hinders.

 

Cheers,

BRW

[hellhasnofury]

Hello aa!

 

I regret I don't know.

 

Possibly another way of looking at it, is to calculate the Total, and ask for the usual 8%!

 

i.e. that's higher than 2 out of 3 of your Contractual Rates!

 

I may be shooting off at a Tangent here, but if Courts allow 8%, then maybe just forget the 7.2%-8.3%, and make all 8% for simplicity.

 

Hope this helps rather than hinders.

 

Cheers,

BRW

Hello AA.

 

I totally agree with BRW regarding the interest, charge them the 8% that the courts allow, If it comes to it let them argue in court

[alanalana]

Thanks to BRW and HHNF,

 

I will ask for 8% on all of my claims and see what RBS come up with in response.

 

Regards

aa

[alanalana]

Hello Brw, HHNF and all,

 

I post my draft letter for recovery of missold PPI.

 

Please pass a critical eye:eek: over it and please let me know if the letter is up to the mark?

 

I am about to submit the claim and see how the bank responds. They have stated they have no records on the two earlier loans even though they supplied statements albeit with my surname mis spelled. This is a biggish claim on three of five loans so I expect a fight. However three come just within the jurisdiction of the FOS so that will be my first port of call should I get no response or a negative get on yer bike response.

 

Like all my posts and threads this is a long one Name

Address

 

DTBD 2008

The Royal Bank of Scotland

xxx

Dear xx xxxxxxxxxx,

Re: Loan accounts. Reference numbers:

xxx Account No xxx

xxx Account No xxx

xxx Account No xxx

 

References:

A. My Subject Access Request (S.A.R - (Subject Access Request)) dated 7 January 2008.

B. Your xxx (Acknowledgement).

C. My xxx (Supply of additional information).

D. Your xxx(Supply of copies of statements).

E. Your xxx (Forwarded information to branch).

F. Your xxx (Duplicate statements for account xxx).

G. Your xxx (Duplicate statements for account xxx and request for more information).

H. xxx (Letter stating full disclosure as requested in ref A had not been received and concern over missing data).

I. Duplicate statements for account xxxx no letter attached.

J. Your xxx requesting dates, times, names and departments re telephone conversations.

K. My xxx requesting full details as required by my reference A including all records of all telephone conversations.

L. My xxx forwarding my xxx with attachments.

M. My xxx CCA request for loans.

N. Your letter with reference Your xxx enclosing information with regard to account xxx.

O. My xxx requesting further data.

P. Your letter with ref Your xxx stating you do not have the paperwork on two previous loans.

Q. My xxx my response to reference P.

 

 

I write in regard to the above references. Sadly The Royal Bank of Scotland (RBS) have so far failed to comply fully with my DSAR in accordance with the Data Protection Act 1998 (despite the correct procedures being followed and the correct fees being submitted) for the provision of all data applicable to myself and the three loan accounts. I have submitted a separate letter on this subject to the Data Protection Officer and indeed have lodged a formal complaint with the Information Commissioners Office. You have forwarded copies of the three Loan account statements, my current account statement and information as requested in reference M, for which I thank you.

 

In each case PPI policies were attached to the above loans obtained from you on 8 March 2004, 20 May 2005 and 21 August 2006.

I am now convinced that I was mis-sold these PPI policies for the following reasons:

On each occasion when the details of a loan were discussed.

 

Your sales advisors in each case, did not check my personal circumstances at the time of the sale, which they are under obligation to do. If they had done, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.

Your sales advisors did not ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancy package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).

 

· I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions. Indeed your Loan Customer Duty of Care Checklist and the Loanguard Certificate of Insurance to which the Customer Duty of Care Checklist refers (forwarded under cover of reference N) contain no reference to any Pre Existing Medical Conditions or includes any questions to me on the subject.

I am in fact in receipt of a 40% war disablement pension from Her Majesty’s Government (HMG) since 1991. One element of this pension includes back injury which I now know is an exclusion in your PPI Policies. I also believe that I would also be excluded on at least one other existing condition.

 

· I cancelled the PPI policy on xxx Account No xxx on 7 Jan 2007 after becoming aware of the widespread mis-selling of PPI by some financial institutions from recent media coverage and recent OFT and FSA investigations regarding the mis-selling of PPI. I believe this is borne out by the previous bullet point. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner. I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met if there is a clear conflict of interest between your responsibilities to me and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?

Since I cancelled the policy I have actually received a smaller reduction in the PPI loan interest payments than the figure stated on the agreement. The explanatory letter sent to me has I believe, confirmed that I have paid for single premium PPI policies on each loan taken with your establishment.

 

No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx show no element of any refund of PPI or PPI interest when the accounts were settled on refinancing. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

 

I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable, I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the payments, that I have paid to date. As I believe I have been unlawfully deprived of this money I also expect the repayment of the interest at the Statutory Interest rate of 8% applicable to of each of the single premiums.

 

Details of the single premiums for each account with the interest payments made are as follows:

 

 

xxx Account No xxx

Insurance premium including interest on the premium = £6,109.32

Monthly interest payments made 8 April 2004 to 9 May 2005 £72.73 X 14 = £1,018.22

Sub Total £7127.54 Plus @ 8% Statutory Interest £570.20 =

Total sum £7,697.74

xxx Account No xxx

Insurance premium including interest on the premium = £7,534.90

Monthly interest payments made 20 June 2005 to 20 July 2006 £89.70 X 14 £1,255.80

Sub total £8,790.70 plus @ 8% Statutory Interest £703.25 =

Total sum £9,493.95

 

xxx Account No xxx

Insurance premium including interest on the premium = £8448.72 Less rebate on PPI premium £5,598.03 and rebate on PPI interest £1,552.78 (£7,150.81) = £1,297.91

Monthly interest payments made 20 September 2007 to 22 January 2007 £100.58 X 5 £502.90

Sub total £1,800.81 plus @ 8% Statutory Interest £144.06 =

Total sum £1,944.87

 

The total repayment figure I require is: £19,136.56

 

If I do not receive a favourable response to this letter, I will pursue my claim through the Financial Ombudsman Service (FOS) and indeed the Courts if necessary.

In reference P paragraph 2 you stated, “With regard to the two loans with DLFS this has been passed on to the relevant Department who will correspond directly with you“. I still await correspondence from that Department in relation to that information. Please expedite a reply from this Department at your earliest convenience.

 

 

Yours faithfully,

 

 

name

 

Please post any comments

 

Thank you

 

regards

 

aa

Edited May 27, 2008 by alanalana

[hellhasnofury]

Hello Brw, HHNF and all,

 

I post my draft letter for recovery of missold PPI.

 

Please pass a critical eye:eek: over it and please let me know if the letter is up to the mark?

 

I am about to submit the claim and see how the bank responds. They have stated they have no records on the two earlier loans even though they supplied statements albeit with my surname mis spelled. This is a biggish claim on three of five loans so I expect a fight. However three come just within the jurisdiction of the FOS so that will be my first port of call should I get no response or a negative get on yer bike response.

 

Like all my posts and threads this is a long one

Thank you

 

regards

 

aa

 

Excellent letter aa:D

Edited May 27, 2008 by hellhasnofury

[doolally lady]

be careful as u have some account numbers in the letter ( points F & G)for all to see. good luck

[alanalana]

Thanks for that doolally lady.

 

duly removed from my post.................HHNF help please remove the account details from your post in response to mine refs F and G.

 

Many thanks,

slight oversight got so many Da%$"*d accounts makes the mind boggle.

 

regards

 

aa

[banker_rhymes_with]

Hello aa!

 

Looks good.

 

Just minor tweaks below, use or reject as you see fit, as it's just me having a fiddle to make it flow out a little better (IMHO, no criticism intended):

 

 

Name

Address

DTBD 2008

The Royal Bank of Scotland

 

Dear xx xxxxxxxxxx,

 

Re: Loan accounts. Reference numbers:

xxx Account No xxx

xxx Account No xxx

xxx Account No xxx

 

References:

A. My Subject Access Request (S.A.R - (Subject Access Request)) dated 7 January 2008.

B. Your xxx (Acknowledgement).

C. My xxx (Supply of additional information).

D. Your xxx(Supply of copies of statements).

E. Your xxx (Forwarded information to branch).

F. Your xxx (Duplicate statements for account xxxxxxxxx).

G. Your xxx (Duplicate statements for account xxxxxxxxx and request for more information).

H. xxx (Letter stating full disclosure as requested in Reference A had not been received and concern over missing data).

I. Duplicate statements for account xxxx no letter attached.

J. Your xxx requesting dates, times, names and departments re telephone conversations.

K. My xxx requesting full details as required by my Reference A including all records of all telephone conversations.

L. My xxx forwarding my xxx with attachments.

M. My xxx CCA request for loans.

N. Your letter with reference Your xxx enclosing information with regard to account xxx.

O. My xxx requesting further data.

P. Your letter with ref Your xxx stating you do not have the paperwork on two previous loans.

Q. My xxx my response to Reference P.

 

 

I write in regard to the above References A-Q. Sadly, The Royal Bank of Scotland (RBS) have so far failed to comply fully with my DSAR in accordance with the Data Protection Act 1998 (despite the correct procedures being followed and the correct fees being submitted) for the provision of all data applicable to myself and the three loan accounts. I have submitted a separate letter on this subject to the Data Protection Officer and, indeed, have lodged a formal complaint with the Information Commissioners Office. You have forwarded copies of the three Loan account statements, my current account statement and information as requested in Reference M, for which I thank you. (I wouldn't thank them!)

 

 

In each case PPI policies were attached to the above loans obtained from you on 8 March 2004, 20 May 2005 and 21 August 2006. I am now convinced that I was mis-sold these PPI policies for the following 7 reasons:

1. Underwriting a Policy of Insurance: On each occasion when the details of a loan were discussed, Your sales advisors (in each case, did not...delete?) failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwiting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.
   
2. Alternative Insurance Cover: Your sales advisors did not ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancy package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).
   
3. Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions. Indeed your Loan Customer Duty of Care Checklist and the Loanguard Certificate of Insurance to which the Customer Duty of Care Checklist refers (forwarded under cover of Reference N) contain no reference to any Pre Existing Medical Conditions or includes any questions to me on the subject. I am in fact in receipt of a 40% War Disablement Pension from Her Majesty’s Government (HMG) since 1991. One element of this pension includes back injury which I now know is an exclusion in your PPI Policies. I also believe that I would also be excluded on at least one other existing condition.
   
4. Widespread PPI Mis-Selling: I cancelled the PPI policy on xxx Account No xxx on 7 Jan 2007 after becoming aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT and FSA investigations regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner.
   
5. Wholly Inappropriate PPI Selling Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interest between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?
   
6. PPI Loan Interest Payments Miscalculated: Since I cancelled the policy, I have actually received a smaller reduction in the PPI loan interest payments than the figure stated on the agreement. The explanatory letter sent to me has, I believe, confirmed that I have paid for single premium PPI policies on each loan taken with your establishment.
   
7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies, or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were settled on refinancing. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.
   

I now believe that the single premium PPI policies attached to the loan accounts were extremely unfair, totally unreasonable and of very limited protection value. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the payments, that I have paid to date.

 

Furthermore, as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% applicable to of each of the single premiums.

 

Details of the single premiums for each account with the interest payments made are as follows:

 

xxx Account No xxx

Insurance premium including interest on the premium = £6,109.32

Monthly interest payments made 8 April 2004 to 9 May 2005 £72.73 X 14 = £1,018.22

Sub Total £7127.54 Plus @ 8% Statutory Interest £570.20 =

Total sum £7,697.74

 

xxx Account No xxx

Insurance premium including interest on the premium = £7,534.90

Monthly interest payments made 20 June 2005 to 20 July 2006 £89.70 X 14 £1,255.80

Sub total £8,790.70 plus @ 8% Statutory Interest £703.25 =

Total sum £9,493.95

 

xxx Account No xxx

Insurance premium including interest on the premium = £8448.72 Less rebate on PPI premium £5,598.03 and rebate on PPI interest £1,552.78 (£7,150.81) = £1,297.91

Monthly interest payments made 20 September 2007 to 22 January 2007 £100.58 X 5 £502.90

Sub total £1,800.81 plus @ 8% Statutory Interest £144.06 =

Total sum £1,944.87

 

The total repayment figure I require is: £19,136.56

 

If I do not receive a favourable response to this letter, I will pursue my claim through the Financial Ombudsman Service (FOS) and indeed the Courts if necessary.

[sPACE]

In Reference P paragraph 2 you stated: “With regard to the two loans with DLFS this has been passed on to the relevant Department who will correspond directly with you.“ I still await correspondence from that Department in relation to that information. Please expedite a reply from this Department at your earliest convenience.

 

Yours faithfully,

 

name

 

I used Paragraph Numbers rather than Bullets when playing with the above, as I felt some of the points may get lost otherwise. This way, they get their own Number! I also gave them little Titles, which may need some further thought to make them more punchy perhaps?

 

Hope it helps in any event, junk the changes if you prefer, I will not mind at all!

 

Cheers,

BRW

Edited May 27, 2008 by banker_rhymes_with
Poop Grammar!

[Sparklez30]

Great letter Alanalana which comes as no surprise after all the effort you have put in!

[hellhasnofury]

Hello aa,

 

Edited the post as per instruction:D It is easy to post up information you really did not want to.:? I once posted up my telephone number, and had to remove it rather promptly:D

[alanalana]

BRW,

 

no criticism taken I posted just to get this sort of response the more professional and eye catching the better.

 

HHNF.

 

Thanks

 

Sparkles

 

Thanks

 

I will post again with amendment for final approval by you all.

 

aa

[banker_rhymes_with]

Hello aa!

 

The Titles for the 7 Key Complaints were thrown on without a great deal of thought, so if anyone can tweak them further, they could start to become a useful block of PPI Re-claim Key Titles for others to use.

 

...well, after aa has had the pleasure of stuffing them all up RBS's PPI poop chute first of course!

 

Cheers,

BRW

[alanalana]

Hello BRW, HHNF, Sparklez and all,

 

This is the latest tweaked letter thanks to BRW.

 

Any further suggestions will of course be welcomed.

 

The Royal Bank of Scotland

xxx

Dear xx xxxxxxxxxx,

Re: Loan accounts. Reference numbers:

xxx Account No xxx

xxx Account No xxx

xxx Account No xxx

References:

A. My Subject Access Request (S.A.R - (Subject Access Request)) dated 7 January 2008.

B. Your xxx (Acknowledgement).

C. My xxx (Supply of additional information).

D. Your xxx(Supply of copies of statements).

E. Your xxx (Forwarded information to branch).

F. Your xxx (Duplicate statements for account xxx).

G. Your xxx (Duplicate statements for account xxx and request for more information).

H. xxx (Letter stating full disclosure as requested in Reference A had not been received and concern over missing data).

I. Duplicate statements for account xxxx no letter attached.

J. Your xxx requesting dates, times, names and departments re telephone conversations.

K. My xxx requesting full details as required by my reference A including all records of all telephone conversations.

L. My xxx forwarding my xxx with attachments.

M. My xxx CCA request for loans.

N. Your letter with reference Your xxx enclosing information with regard to account xxx.

O. My xxx requesting further data.

P. Your letter with ref Your xxx stating you do not have the paperwork on two previous loans.

Q. My xxx my response to Reference P.

 

I write in regard to the above References A - Q. Sadly, The Royal Bank of Scotland (RBS) have so far failed to comply fully with my DSAR in accordance with the Data Protection Act 1998 (despite the correct procedures being followed and the correct fees being submitted) for the provision of all data applicable to myself and the three loan accounts. I have submitted a separate letter on this subject to the Data Protection Officer and, indeed, have lodged a formal complaint with the Information Commissioners Office. You have forwarded copies of the three Loan account statements, my current account statement and information as requested in Reference M.

 

In each case PPI policies were attached to the above loans obtained from you on 8 March 2004, 20 May 2005 and 21 August 2006.

 

I am now convinced that I was mis-sold these PPI policies for the following 7 reasons:

 

1. Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed Your sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.

 

2. Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancy package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).

 

 

3.Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions. Indeed your Loan Customer Duty of Care Checklist and the Loanguard Certificate of Insurance to which the Customer Duty of Care Checklist refers (forwarded under cover of Reference N) contain no reference to any Pre Existing Medical Conditions or includes any questions to me on the subject. I am in fact in receipt of a 40% War Disablement Pension from Her Majesty’s Government (HMG) since 1991. One element of this pension includes back injury which I now know is an exclusion in your PPI Policies. I also believe that I would also be excluded on at least one other existing condition.

 

4. Widespread PPI Mis-Selling: I cancelled the PPI policy on xxxAccountNo xxx on 7 Jan 2007 after becoming aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT and FSA investigations regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner.

 

5. Wholly Inappropriate PPI Selling Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interest between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?

 

6. PPI Loan Interest payments miscalculated: Since I cancelled the policy, I have actually received a smaller reduction in the PPI loan interest payments than the figure stated on the agreement. The explanatory letter sent to me has, I believe, confirmed that I have paid for single premium PPI policies on each loan taken with your establishment.

 

7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were settled on refinancing. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

 

I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the payments, that I have paid to date.

 

Furthermore as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% applicable to of each of the single premiums.

 

Details of the single premiums for each account with the interest payments made are as follows:

 

xxx Account No xxx

Insurance premium including interest on the premium = £6,109.32

Monthly interest payments made 8 April 2004 to 9 May 2005 £72.73 X 14 = £1,018.22

Sub Total £7127.54 Plus @ 8% Statutory Interest £570.20 =

Total sum £7,697.74

 

xxx Account No xxx

Insurance premium including interest on the premium = £7,534.90

Monthly interest payments made 20 June 2005 to 20 July 2006 £89.70 X 14 £1,255.80

Sub total £8,790.70 plus @ 8% Statutory Interest £703.25 =

Total sum £9,493.95

 

xxx Account No xxx

Insurance premium including interest on the premium = £8448.72 Less rebate on PPI premium £5,598.03 and rebate on PPI interest £1,552.78 (£7,150.81) = £1,297.91

Monthly interest payments made 20 September 2007 to 22 January 2007 £100.58 X 5 £502.90

Sub total £1,800.81 plus @ 8% Statutory Interest £144.06 =

Total sum £1,944.87

 

The total repayment figure I require is: £19,136.56

 

If I do not receive a favourable response to this letter, I will pursue my claim through the Financial Ombudsman Service (FOS) and indeed the Courts if necessary.

 

In Reference P paragraph 2 you stated, “With regard to the two loans with DLFS this has been passed on to the relevant Department who will correspond directly with you“. I still await correspondence from that Department in relation to that information. Please expedite a reply from this Department at your earliest convenience.

 

Yours faithfully,

 

name

 

regards

 

aa

Edited May 27, 2008 by alanalana
getting numbers right dont want too many 6's

[bathgatebuyer]

You may want to re-number your bullet points to avoid any confusion as there are two number 6's. (Being pedantic with that because I think it's a great letter!)

[banker_rhymes_with]

Hello aa!

 

Will the real number 6 please stand up?

 

Looks fine, just the Numbering on the 7 Key Points has gone a bit squiffy, number 4 says 6, so just needs to be tweaked back in with the rest of the Herd, and it should be fine.

 

But about there I think, although the more eyes the better, so see what others come up with.

 

Cheers,

BRW

[banker_rhymes_with]

Oops, sorry Bathgatebuyer, you beat me to it!

 

Cheers,

BRW

[alanalana]

Thank you both bathgatebuyer and BRW.

 

post edited and draft copy amended:roll:.

 

I am in no rush to post just yet but when it goes, it goes special delivery!

 

Regards

aa